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Federal Appeals Court Reviews Class Action Against DHS Secretary Noem

The Eighth Circuit Court of Appeals is reviewing a class action lawsuit challenging Department of Homeland Security Secretary Kristi Noem and other top immigration officials. The case involves six named plaintiffs representing a broader class of similarly situated individuals.

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4 min readcourtlistener
Seal of the Eighth Circuit Court of Appeals

Case Information

Case No.:
No. 26-1105

Key Takeaways

  • Six named plaintiffs are challenging DHS Secretary Kristi Noem and other top immigration officials in a class action lawsuit
  • The case has drawn amicus support from 21 states backing the federal defendants
  • The Eighth Circuit is reviewing a lower court decision that apparently favored the plaintiffs

The U.S. Court of Appeals for the Eighth Circuit has taken up a significant class action lawsuit challenging the Department of Homeland Security and its top leadership, including Secretary Kristi Noem, in a case that has attracted support from 21 states.

The lawsuit, designated as case number 26-1105, was filed by six named plaintiffs: Susan Tincher, John Biestman, Janet Lee, Lucia Webb, Abdikadir Noor, and Alan Crenshaw. Each plaintiff is representing themselves and other similarly situated individuals in what appears to be a comprehensive challenge to federal immigration enforcement policies and practices.

The defendants named in the case include the highest levels of the Department of Homeland Security and Immigration and Customs Enforcement leadership. Secretary Kristi Noem heads the list of defendants, followed by Acting ICE Director Todd M. Lyons and Acting Executive Associate Director Marcos Charles, who oversees Enforcement and Removal Operations. The lawsuit also targets David Easterwood, Acting Field Office Director for the ERO ICE Saint Paul Field Office, and John Condon, Acting Executive Associate Director for Homeland Security Investigations.

Beyond the named officials, the plaintiffs have also sued the Department of Homeland Security as an institution, along with unidentified federal agencies and federal agents in their official capacities. This broad scopesuggests the lawsuit challenges systemic practices rather than individual actions.

The case has drawn substantial attention from state governments, with 21 states filing amicus briefs supporting the defendants. The states backing the federal government include Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, and West Virginia.

The appeal originates from a decision by the U.S. District Court for the District of Minnesota, though the specific nature of the lower court's ruling is not detailed in the available court documents. The designation of the plaintiffs as "appellees" and the defendants as "appellants" indicates that the district court ruled in favor of the plaintiffs, prompting the federal government to appeal the decision to the Eighth Circuit.

While the exact claims being pursued by the plaintiffs are not specified in the court caption, the involvement of multiple ICE enforcement divisions and the class action nature of the lawsuit suggests it likely involves challenges to immigration enforcement practices, detention policies, or removal procedures. The participation of individuals with diverse names, including Abdikadir Noor, may indicate the case involves immigrants or individuals affected by immigration enforcement actions.

The Eighth Circuit Court of Appeals has jurisdiction over federal cases from Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. The court's review of this case could have implications for immigration enforcement practices across this multi-state region.

The substantial state support for the federal defendants reflects the political dimensions of immigration enforcement, with the participating states representing a coalition that has historically supported stricter immigration policies. These states' decision to file amicus briefs suggests they view the case as having potential implications beyond the specific plaintiffs involved.

Secretary Noem, who previously served as South Dakota's governor before being nominated to lead DHS, has been a prominent advocate for enhanced border security and immigration enforcement. Her department oversees multiple agencies involved in immigration enforcement, including ICE and Customs and Border Protection.

The case comes at a time when immigration policy remains a contentious issue in federal courts, with various challenges to enforcement practices, detention conditions, and removal procedures making their way through the judicial system. Class action lawsuits have become a common vehicle for challenging immigration policies that affect large numbers of individuals.

The Eighth Circuit's eventual decision could establish important precedent for how immigration enforcement is conducted in the region and potentially influence similar cases in other circuits. The court's review will likely focus on questions of statutory interpretation, constitutional protections, and the scope of executive authority in immigration enforcement.

As the case proceeds through the appeals process, it will be closely watched by immigration advocates, government officials, and legal practitioners who specialize in immigration law. The outcome could affect not only the named plaintiffs and class members but also broader immigration enforcement practices across the federal system.

The case represents one of several ongoing legal challenges to current immigration policies and demonstrates the continued role of federal courts in reviewing executive branch actions related to immigration enforcement and detention practices.

Topics

immigration enforcementpreliminary injunctionfederal agenciesclass actioncivil rights

Original Source: courtlistener

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